Border Security: Immigration Issues in the 108th Congress

Publication Date: May 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

Type:

Abstract:

Enhancing border security has emerged as a significant policy issue after the September 11, 2001 terrorist attacks. Prior to the terrorist attacks, the priorities for border security policy were beginning to shift from immigration-related issues to issues related to facilitating legitimate cross-border commerce. Several bills have been introduced in the 108th Congress (S. 539/H.R. 1096 and S. 6) that would authorize funding for increased personnel and technological improvements. S. 539/H.R. 1096 would require ongoing training for immigration personnel on how to use the new technology, an update of a port infrastructure assessment study, and demonstration projects on new technology at ports of entry, among other things. Another piece of legislation (H.R. 853) would establish a northern border coordinator within the Directorate of Border and Transportation Security in the Department of Homeland Security (DHS), among other things. The northern border coordinator would serve as a liaison to the Canadian government on border security-related issues.

Although the 107th Congress enacted several pieces of legislation that dealt with enhancing immigration-related border security, legislation to strengthen the nation's borders had been enacted as early as the 104th Congress. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA; P.L. 104-208) contained several immigration-related border security provisions that addressed illegal immigration and the smuggling of humans into the United States through the southwest border. IIRIRA also contained a provision that required the electronic tracking of every alien arriving in and departing from the United States. The deadline for implementing the electronic tracking system, commonly referred to as the entry and exit data system, was moved back in subsequent legislation. The terrorist attacks of September 11, 2001, however, prompted Congress to speed up implementation of the entry and exit data system as well as enact new provisions aimed at enhancing border security.

In the months following the terrorist attacks, Congress passed several pieces of legislation intended to enhance border security such as the USA PATRIOT Act (P.L. 107-56) and the Enhanced Border Security and Visa Entry Reform Act of 2002 (P.L. 107-173). In addition to legislation aimed at enhancing border security, the 107th Congress also enacted legislation that created a department specifically for securing the homeland. The Homeland Security Act of 2002 (P.L. 107-296) consolidates several agencies responsible for border security, including the Immigration and Naturalization Service (INS) enforcement functions, into a new DHS.

This report provides background information on the main immigration-related border security issues that have been raised as a result of the terrorist attacks and resulting concern for homeland security. It describes enacted legislation in the 107th Congress as well as in previous Congresses that focus on immigration-related border security issues. The report also poses possible immigration-related border security issues the 108th Congress may consider. This report will be updated to reflect any additional related legislation in the 108th Congress, as well as implementation issues.